Delaware Bills

This bill will allow all surviving spouses of persons killed in the course and scope of employment to receive the same level of death benefits as the surviving spouses of those persons defined as “covered persons” in Section 6601(2), Title 18 of the Delaware Code, in the event that the surviving spouse remarries. This expansion of the death benefit beyond the surviving spouses of those persons specified in Section 6601(2) will result in all surviving spouses, who decide to remarry, being treated equally under Delaware’s Workers’ Compensation laws.

This Act requires that home health-care services for Medicaid long-term care services and support providers be reimbursed for services by Medicaid-contracted organizations at a rate equal to or more than the rate set by the Division of Medicaid and Medical Assistance for equivalent services. This rate floor system is currently used for reimbursement rates for home health-care nursing services paid for by Medicaid-contracted organizations. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act establishes a Peer-to-Peer Car Sharing Program that allows for companies to facilitate the shared usage of vehicles in Delaware.

This Act transfers responsibility for early intervention services for children ages birth to age 3 from the Department of Health and Social Services to the Department of Education and revises the Code to be consistent with federal law. The Individuals with Disabilities Education Act (IDEA) requires states to provide a comprehensive, coordinated, interagency, interdisciplinary early intervention services system for eligible infants and toddlers and their families. This Act requires that early intervention services be provided in compliance with all of the requirements of the IDEA, improves coordination between advisory bodies, and requires early intervention service providers to receive the same training on child abuse and the same background checks as school employees. Specifically, this Act does all of the following: Section 1. Creates a new Chapter 31A in Title 14 for the Infants and Toddlers Early Intervention Program. Section 2. Transfers responsibility for the Infants and Toddlers Early Intervention Program from the Department of Health and Social Services (DHSS) under Subchapter II, Chapter 2 of Title 16 to the Department of Education (DOE) under the new Chapter 31A of Title 14, and revises the Code as follows: 1. Aligns the Code with the requirements under the federal infants and toddlers program known as Part C of the IDEA. 2. Creates duplicate sections in Title 14 regarding the confidentiality of reports and prohibiting compulsory participation in the program consistent with existing sections in Title 16. 3. Adds standard organizational language for the Interagency Coordinating Council (ICC). 4. Requires the ICC to hold at least 1 joint meeting each calendar year with the Governor’s Advisory Council for Exceptional Citizens (GACEC) because the ICC and the GACEC are the 2 Delaware agencies that advise the Department of Education on implementation of the IDEA. Section 3. Makes corresponding changes to Subchapter I, Chapter 2 of Title 16 to reflect the transfer of responsibility for the Infants and Toddlers Early Intervention Program to DOE. Section 4. Adds the chair of the ICC as a member of the Early Childhood Council (ECC) and makes corresponding changes to the membership of the ECC to reflect the transfer of responsibility for the Infants and Toddlers Early Intervention Program. Section 5. Requires the GACEC to hold at least 1 joint meeting each calendar year with the ICC because the ICC and the GACEC are the 2 Delaware agencies that advise the Department of Education on implementation of the IDEA. Section 6. Requires early intervention service providers to receive the same child abuse and child safety awareness, prevention, detection, and reporting training as school employees. Section 7. Makes corresponding changes to § 7904 of Title 29 reflecting the transfer of the authority to charge a fee for a service provided by Child Development Watch from DHSS to DOE. Section 8. Requires early intervention service providers to receive the same background checks as other child-serving entities and makes corresponding revisions to the procedures to obtain and review the information received from these background checks. Section 9. Delays the implementation of this Act until July 1, 2023 to provide time for the transfer of the program, including the promulgation of regulations. Section 10. Provides that this Act is known as the “Infants and Toddlers Early Intervention Act”. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 11(a) of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose a fee.

This Act updates statutes relating to the Department of Services for Children, Youth and Their Families. It adds "Institutional Abuse Investigation Unit" to the definitions within the existing statute. In addition, it updates references in certain sections of the laws to reflect whether the Department of Services for Children, Youth and Their Families, or a unit or division within that Department, is responsible for certain duties as described in the Delaware Code. It also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act permits an individual to practice dentistry for the Division of Public Health (Division) under a provisional license. Delaware law provides several routes for entering practice on an interim basis until full licensure can be obtained, however, none of these routes specifically permit hiring by the Division with the intent to practice in a state-supported dental clinic. This Act will assist the Division in recruiting dentists to serve those in need. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act postpones the effective date of Senate Bill No. 67, enacted in 2019. Senate Bill No. 67 was to become effective on January 1, 2020; however, the Clerks of the Peace for all 3 counties have indicated that they intend to postpone implementation of the requirements set out in Senate Bill No. 67. This postponement is in order to allow additional time for engagement with leaders of faith communities and to identify any additional changes to the marriage registry structure or to its implementation or enforcement.

This bill increases the minimum amount of property damage that triggers the mandatory reporting of a vehicular collision to police from $500 to $2,000. This bill also increases the minimum amount of property damage requiring police agencies to investigate from $1,000 to $2,000. This increase makes Delaware more consistent with other states and reflects the Legislature’s intention in 1997 to increase the amount annually by $100.

This bill changes the requirements for members to be appointed to the Delaware Emergency Medical Services Oversight Council. The bill also clarifies that a member may serve for a term of up to three years and is eligible for reappointment and the number of members needed to constitute a quorum. In addition, the bill allows for removal of a member by the Governor under certain circumstances and clarifies that the Council may adopt bylaws for adopting operating procedures. The bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This bill adds the Department of Correction, Bureau of Prisons and Bureau of Community Corrections' vehicles to the list of "authorized emergency vehicles" identified in Chapter 41 of Title 21 that are afforded certain privileges when responding to an emergency.

This Act allows counties to use Realty Transfer Tax funds to pay expenses related to assessments and reassessments of real property and associated improvements. Further, it permits New Castle County to expand potential referees of tax assessment appeals beyond members of the Bar of the State of Delaware.

Senate Bill No. 65 establishes the Focus on Alternative Skills Training Program ("FAST"). FAST will provide tuition assistance, to Delaware residents who have obtained a high school diploma, Diploma of Alternate Achievement Standards, or a Delaware secondary credential, which includes earning a GED, and have enrolled in an approved non-degree credit certificate program. The Workforce Development Board will create a list of non-degree credit certificate programs approved for the FAST program. Senate Substitute No. 1 for Senate Bill No. 65 differs from Senate Bill No. 65 as follows: 1. Extends eligibility from 18 to 24 months after an individual graduates from high school. 2. Increases the maximum amount of assistance that an individual may receive from $9,000 to $10,000. 3. Allows tuition payments for up to 12 months instead of 6 months. 4. Requires FAST to be implemented within 6 months of enactment, instead of 1 year. 5. Acknowledges the expected availability of federal funds for FAST. 6. Sunsets FAST 2 years after enactment.